McKethan v. . Ray
Supreme Court of North Carolina
Civil actioN as to the construction of á will, submitted -to jBuxton, J. at Chambers, in Cumberland-County, March 17th, 1874. CASE A@KEEI>. The following is- a case agreed between the plaintiff and defendants, and submitted in accordance with the provisions of title XIY, chap. l,.sec: §15;,of the Code of Civil Procedure,, for his decision of the questions presented.
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Civil actioN as to the construction of á will, submitted -to jBuxton, J. at Chambers, in Cumberland-County, March 17th, 1874. CASE A@KEEI>. The following is- a case agreed between the plaintiff and defendants, and submitted in accordance with the provisions of title XIY, chap. l,.sec: §15;,of the Code of Civil Procedure,, for his decision of the questions presented. The facts in the ease are: Robert Donaldson, of the town of Red Ho oh, in Dutchess-county, in the State of New York, died in the year 1872, leaving a last will and testament, which was admitted to probate-in Dutchess county, New…
1Opinion of the CourtPbaesoN, C. J.
Our construction of sec. 315, O. O. P. is, that it does not confer upon certain parties who differ as to their rights, to propound to the Court on a case agreed, interrogatories in respect thereto, but that the purpose is simply to dispose with the formalities of a summons, complaint and answer, and upon an agreed state of facts to submit the case to the Court for decision and thereupon the Judge shall hear and determine the case arid “render judgment thereon as if an action were depending.”
It follows that all persons having an interest in the controversy must be parties, to the end that they…
2Cited by15 opinions
- Board of Health v. Board of CommissionersSupreme Court of North Carolina · 1941
- Burton v. Durham Realty & InsuranceSupreme Court of North Carolina · 1924
- Peel v. MooreSupreme Court of North Carolina · 1956
- Hicks v. . Greene CountySupreme Court of North Carolina · 1930
- Overman v. . SimsSupreme Court of North Carolina · 1887
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